In criminal law, most offenses are either felonies or misdemeanors. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Your lawyer may be able to get the prosecutor to reduce the charges against you to something that requires no jail time or probation. Any felony charge in North Carolina could potentially be dropped to a misdemeanor. . Some common criminal offenses that are wobblers include: These offenses are eligible for a 17(b) motion to reduce the felony conviction to a misdemeanor. There is no appeal if your application is denied, although you may be able to reapply after a few years. Copyright 2023 Shouse Law Group, A.P.C. If there are two aggravating factors and a death, the offense is a Class E felony. It asks the judge to reduce an eligible felony conviction to a misdemeanor. Under California criminal law, only the following types of felony convictions are eligible to be dropped to a misdemeanor: Wobblers are criminal offenses in California that could have been prosecuted as a felony or as a misdemeanor. Certain restrictions will remain on felons records, such as in those states that have a three-strike law or when felons are registered sex offenders, who will be required to continue this registration. Contact the experienced North Carolina criminal defense attorneys at. Once youve filed the necessary forms, youll be notified about your hearing to decide if your felony will be reduced. Some states also require letters from witnesses testifying to your character and rehabilitation since your release. Then, support those jobs with housing options, legal help, and the resources you need to successfully integrate back into society. Home Legal Can You Get A Felony Reduced To A Misdemeanor? This, of course, depends on the circumstances of your case such as the evidence against you and how clean your criminal history is. For a felony conviction, there are the loss of typical rights, such as the right to vote, own or possess a firearm, and hold public office. "This was great to help you in obtaining resources for getting the process going. Save my name, email, and website in this browser for the next time I comment. We use cookies to make wikiHow great. The prosecutor realizes that Walt may not be a good witness, and offers to drop the attempted murder charge if Don will plead guilty to battery, which is only a misdemeanor. While there are many factors and circumstances to be considered, it is possible, and hardly uncommon, for a felony charge to be reduced to a misdemeanor or dropped entirely in North Carolina. How Long Does A Background Check Take In 2023. not having to admit to a felony conviction on a housing, loan, or job application. Its because of this, as well as the social stigma of being considered a felon, that many people wonder if its possible to get a felony reduced to a misdemeanor charge. Generally, the defendant must have been sentenced to probation, without prison time. It may not feel like it, but you actually have the most power to positively affect the outcome at this point. (N.C. Gen. Stat. The reason most felony cases begin in District Court is because it gives investigators, as well as a defendants attorney, time to review the charges and evidence in the case. By signing up you are agreeing to receive emails according to our privacy policy. An important benefit is honestly being able to say that they have not been convicted of a felony. Felony convictions are more serious than misdemeanors. Complete the state's forms. wikiHow is where trusted research and expert knowledge come together. The length of time you have to wait can depend on several factors, including your age and the severity of the crime. If you are pardoned, the conviction will remain on your record. Gross impairment of the person's faculties while driving due to: a. Make several copies of the documents, return them to the clerk, and pay the filing fee. For those who have been convicted of a crime, they know the consequences a sentence can have on their lives. Expunging a misdemeanor, though, has more benefits than expunging a felony. The reduction of a felony to a misdemeanor is the decision of the court. Youll pay fees to file your expungement request, which usually amount to a few hundred dollars. You also will need copies of your criminal history and fingerprint records from the arresting police department. 3972 Business Hwy 17 East, Unit E I was charged and sent off to jail. At Coalter Law, PLLC, we not only know that its possible, but we also know the process well. [5] You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction. Method 1 Plea Bargaining a Felony Down to a Misdemeanor Download Article 1 Get a lawyer. Sign up for wikiHow's weekly email newsletter. Find housing for felons, listed by state. Each state has the responsibility for the classification of felonies, ranging from the most serious down to those considered to be the least severe. These include: To overcome these obstacles, it can be necessary to expunge the criminal conviction, entirely. We use cookies to make wikiHow great. Virginia Misdemeanor Penalties. Finding employment as a felon is tough. The aggravating factors are: 1. Prop 47: Reducing felony convictions for drug possession and low-level theft convictions to misdemeanors. The terms of the program are designed to rehabilitate the defendant. The benefit of reducing a felony to a misdemeanor has to do with restoring some of the rights that are lost as a result of a felony conviction. This means it can be resolved earlier. Lowering A Felony To A Misdemeanor In North Carolina Felony charges on an individual's record can be incredibly devastating, affecting everything from employment to access to affordable housing. They can go through are-entry programor get furthereducationandtrainingto get the knowledge and skills they need. Some states allow the expungement of arrests only. By reducing a felony to a misdemeanor, you can avoid many of these punishments and move on more quickly. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. If your record is sealed, the felony typically will not appear when someone runs a criminal background check on you, as when you apply for a job or seek to rent an apartment. There are stories of success and tips for presenting themselves in a favorable light. You may pay higher insurance premiums or higher interest on credit cards. collateral consequences from the federal government, which might still consider the conviction to be a felony offense. A felony is a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually carries a maximum sentence of up to a year in jail. In California, reducing a felony to a misdemeanor is different in a couple of ways. For example, an accused person might be pressured to give a false confession after being unlawfully interrogated. Even if you just wanted to try something to reduce stress but ended up getting caught with it, you can still face criminal charges. Habitual Misdemeanor Assault. Once you apply for a governors pardon, you typically cannot follow up on or check the status of your application. Definitely recommend! Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. For example, possession of marijuana can be charged at either level, depending on the amount of the substance allegedly on the person at the time of arrest. Felony charges on an individuals record can be incredibly devastating, affecting everything from employment to access to affordable housing. This article has been viewed 128,328 times. Elsewhere it may begin on the day you leave jail. Crimes which fall within the lowest classification may qualify for some type of adjudicated sentence. These are at the conclusion of the preliminary hearing, the time of felony sentencing, and after completing the sentence and probation. Approximately 90% of criminal cases end with a plea bargain. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences. Some states use a letter classification system for felonies, ranging from Class A, the highest, to Class D or E, depending on how many categories that state uses. If the judge denies your request for expungement, ask him/her to list the reasons for the denial and to explain what you can do in response. sex offender registration requirements, if the felony was an eligible sex crime, if the felony was a serious or a violent one that added a strike under, collateral consequences from the federal government, and. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Some of them can be quite strict. Definitely recommend! document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony. Dress neatly and conservatively, and arrive early with copies of all the documents youve filed. First, check your states requirements for reducing felonies, since every state is different. If approved, the defendants criminal background will show a prior misdemeanor offense. Browse our jobs, find one you like, and get back to work today. Some states such as Ohio may revoke your certificate if you plead guilty or are convicted of a criminal offense after the certificate has been issued. There are four classes of misdemeanors in Virginia. Those rules depend on the underlying conviction. An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. There is only one witness, Walt, who said that Don tried to kill Vic during the fight. Generally you can file a petition for this certificate if you believe you are innocent of a crime for which you were convicted, and youve discovered new and exonerating evidence that wasnt available at the time of your conviction. If you do not accept a plea bargain and are found guilty at trial, you are likely to face a much harsher punishment than what you could have accepted under the plea deal. A criminal record can affect job, immigration, licensing and even housing opportunities. The most severe child abuse cases can carry harsh sentences, including felony lifetime sentences, while the least serious misdemeanor cases might potentially result in no . In California, you are not eligible if you served time in prison. Occasionally, defendants will be eligible to get a reduction in their charges by completing a diversion program. A "wobbler" is a crime that the prosecution can choose to charge as either a felony or a misdemeanor, such as burglary or assault with a deadly weapon. Your civil rights, including the chance to own a firearm and serve on a jury, will be restored. Reclassified: State Drug Law Reforms to Reduce Felony Convictions and . Felons need to be willing to do what it takes. Felony charge or misdemeanor charge was disposed of by a dismissal, finding of not guilty, or finding of not responsible. Some states (Illinois, for example) do not allow records of any felony convictions to be either expunged or sealed under any circumstances absent pardon from the governor. Continue with Recommended Cookies. This process can begin as early as the arraignment. However, there are some collateral repercussions of a felony conviction that will remain. Each states expungement laws are different. If it is, pleading guilty to a wet reckless would reduce the offense to a misdemeanor. It was me against 9 others in my own home. If youre convicted of another crime after having a prior conviction expunged, the expunged conviction may add to the severity of your sentence. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. For this reason, facing a felony charge in North Carolina can be a terrifying and overwhelming experience. In most states, child abuse may be charged as either a felony or a less serious misdemeanor offense, depending on the circumstances. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record. ", How to Get a Felony Reduced to a Misdemeanor, http://criminal.findlaw.com/criminal-law-basics/what-distinguishes-a-misdemeanor-from-a-felony.html, https://www.lawyers.com/legal-info/criminal/criminal-law-basics/public-defenders.html, http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/plea-bargain.htm, http://moritzlaw.osu.edu/epub/mayhew-hite/2012/05/plea-bargaining-just-as-it-ever-was/, http://litigation.findlaw.com/going-to-court/what-is-a-motion.html, http://www.shouselaw.com/reducing-felony-to-misdmeanor.html, http://www.awmlaw.com/HOW-TO-HAVE-AN-INDIANA-FELONY-CONVICTION-REDUCED-TO-A-MISDEMEANOR.shtml. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition. ", "It told me what and how to get it expunged.". This article was written by Jennifer Mueller, JD. But there is an opportunity available to those who want it. Felonies which are in the lowest category are sometimes calledundesignated felonies. Why is that? Bolivia, NC, 28422, NEW HANOVER COUNTY A felony conviction (such as vehicular manslaughter, homicide, or murder), on the other hand, often leads to prison time. checking in regularly with a court officer or a program officer, passing random drug testing requirements, and. For families of felons in the position of wanting to reduce a felony to a misdemeanor, be there to encourage and cheer them on. Plea deals can be finalized at any point up to the trial. Resources to help ex-offenders gain essential life skills for making the right choices in life. In these states, misdemeanors are far more likely to be eligible for an expungement. Trial: Both sides take turns arguing that the you are guilty or innocent. This is when felon applicants can make their case. To attempt to have charges reduced, the offense first needs to be one that can be classified as either a felony or a misdemeanor. the defendant must have been sentenced to a term of probation, rather than to prison. In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governors office as an application for a pardon. Please complete the form below and we will contact you momentarily. Our website is supported by our users. By signing up you are agreeing to receive emails according to our privacy policy. For example, in California, you can only get a felony reduced if the offense was a "wobbler." 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